ParkingEye - Hoults Yard (Newcastle) - [Hearing Stage]

StephenCNE

Hello all,

Hope everyone has a good Christmas and a break. I have been following the Newbie thread to fight against unfair parking charges. So far, I have managed to complete most of the early-stage procedure without posting any threads (kudos to clear instructions and guidance from the contributors on this forum). 

To provide some further context to my case, this is a typical ParkingEye claims case with their in-house legal team. Please see the following for the development:

• Caught on camera for overstaying the "free" period - 18/06/2023
• No prior appeal to any parties nor response to ParkingEye
  
• Money claims against me - 22/09/23
• Submitted AOS - 10/10/23
• Submitted Defence - 26/10/23 (Thank you for the templates)
• Received response against my Defence from ParkingEye - 5/12/23 (pretty comprehensive but let's dive into this later during the drafting of Witness Statement and building up Exihibits)
• Received Notification that DQ for sent out - 22/12/23

Now, I have been away from the UK for work since early December until the 3rd week of January 2024. No one has access to my postage address until my return. I have been tracking my case using the MCOL portal and know that a DQ was sent to me a week just before Christmas. 

I have a few questions regarding the DQ (N180 form)

1. How can I return the DQ to the court and claimants? (Is this mandated through physical post or electronic mail is possible?)
2. If email is possible can anyone point me to the address of both ParkingEye and the Court, please?
3. Should electronic mail is not allowed, any pointer on how to find out which court I need to return the DQ to, please? 

Thank you, look forward to hearing back from you all. 

troublemaker22

You can file with the court by email. Look at the form and covering letter. If from the Civil National Business Centre, the email address is CCBCAQ@justice.gov.uk.  If the case has already been transferred to a local County Court hearing Centre you can look up the email address here https://www.gov.uk/find-court-tribunal

Unless Parkingeye has agreed to service by email, you should strictly speaking send their copy by post.  I would email it to enforcement@Parkingeye.co.uk and also pop a copy in the post, and in the covering messages ask them to accept service by email going forward. 

Le_Kirk

As you have made good use of the NEWBIE sticky so far, had you referred back to it, you would have found that as soon as you see the notification on MCOL that the CNBC has sent your DQ, you download a copy, fill it in and you send it to the same e-mail address that you used for your defence.  Certainly send it by e-mail to PE and, if you feel the need to do so, send it by post upon your return.

StephenCNE

@troublemaker22 and @Le_Kirk Thanks for the prompt response and the advices. |

StephenCNE

Hello all, thanks for the kind advice and all. The case has now moved to the court hearing stage. 

I have prepared a witness statement with supplementary evidence. 

My witness statement focuses on two points that have been brought up in my defence albeit it is not in detail. These are:

1. Evidence of the condition of the actual parking sign implemented.
2. Wording/language of the parking sign that doesn't use intelligible language. 

Point 1 is the main reason I have not seen the parking tariff for the site. I have revisited the site when it is empty, there are parking signs and you can make up the word when you stand in front of it (1-2m) without vehicles parked in front of the sign. So hopefully that is good enough...

But, I always have Plan B which is point 2. The displayed Parking Terms and Conditions reads (at least the big prints) as follows:

Parking tariffs Apply [...] Tariffs [...] 1 hour Free (No ticket required) [...] 2 additional hours £1.00 [...] 3 additional hours £2.00 [...] Day rate (7 AM - 7 PM) £4.00 [...] Overnight rate (7 PM - 7 AM) [...] You can purchase additional time (if required) at the payment machines or by phone before leaving) [...] Parking tariffs apply 24 hours a day, 7 days a week [...] Motorists must enter their full, correct vehicle registration when using the payment machine [...] Blue Badge holders only in marked bays Tariffs apply [...] Parking tariffs not applicable to permit holders [...] Failure to comply with terms & conditions will result in a Parking Charge of £100 [...]

Is that just me or does "2 additional hours £1.00" mean it is a full 2 hours, but there is no word suggesting a fraction of it? Now, English is my first language. So I would appreciate some help here. Also, from lots of the evidence I have gathered so far from other parking sites, typically the tariffs are formatted in 0-1 - £X, 1-3 £Y or Up to 1 hour - £X and Up to 3 hours - £Y. 

Furthermore, what's your perception of "You can purchase additional time (if required) at the payment machines or by phone before leaving)"? Does this just permit me to buy a parking ticket but no mandate me to buy a ticket? 

I would appreciate some help here. Thank you. all. Have a lovely Sunday.

 

Castle

How long are they saying the vehicle was there for?

StephenCNE

Hello @Castle, the ANPR timestamp shows that the vehicle is there for 1 hour 25 minutes.

Le_Kirk

From the information you have supplied, I would suggest you would have to have purchased two additional hours to cover that time; annoyingly they did not offer one additional hour!

StephenCNE

Moved this to the latest thread.

Coupon-mad

 I guess the ship to pay for the fine has since sailed. So I can only take this as an up hill battle or say I quoted the term used in this forum "spray and pray".

That phrase has never been said on this forum?  And it's not a fine.

We can't review that defence as you haven't used the Template Defence.  I advise you to re-read the 2nd post of the NEWBIES thread.

But if you are at DQ stage you are already well past defence stage.  Is that what you put in as your defence response to the claim form?  If not please show us the defence, verbatim.

Castle

Coupon-mad said:

 I guess the ship to pay for the fine has since sailed. So I can only take this as an up hill battle or say I quoted the term used in this forum "spray and pray".

That phrase has never been said on this forum?  And it's not a fine.

We can't review that defence as you haven't used the Template Defence.  I advise you to re-read the 2nd post of the NEWBIES thread.

But if you are at DQ stage you are already well past defence stage.  Is that what you put in as your defence response to the claim form?  If not please show us the defence, verbatim.

We are at WS & evidence stage.